HomeMy WebLinkAboutOrd. 458 - Amendment Title 9CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 458
AN ORDINANCE AMENDING CITY CODE TITLE 9 BUILDING REGULATIONS.
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
City Code Title 9 Building Regulations is hereby amended
as follows:
TITLE 9
BUILDING REGULATIONS
Subject
Chapter
Building Code ............................... ..............................1
Water Fed Heat Extractors And
Air Conditioning Equipment ........ ..............................2
Minimum Elevations And Standards
For Building And Driveway Construction ..................3
Swimming Pools, Spas And Hot Tubs ........................4
Numbering Properties And Buildings .........................5
Manufactured Home Parks; Mobile Homes ................6
Commercial Building Construction Standards ............ 7
Rental Housing Dwellings ............ ..............................8
Housing Maintenance Code ......... ..............................9
Residential Landscaping Requirements ...................
10
Moving Buildings ......................... .............................11
Antennas And Towers ................. .............................12
Wind Energy Conversion Systems ...........................13
Electrical Code ........................... .............................14
CHAPTER 1
BUILDING CODE
SECTION:
9 -1 -1:
State Building Codes Adopted By Reference
9 -1 -2:
Application, Administration And Enforcement
9 -1 -3:
Permits And Fees
9 -1 -4:
Architectural Design (Structure)
9 -1 -5:
Required Improvements
9 -1 -6:
Construction Near WDE Site
9 -1 -7:
Violation; Penalty
9 -1 -1: STATE BUILDING CODE ADOPTED BY REFERENCE:
A. Building Code: The Minnesota State Building Code, as adopted by the
Commissioner of Labor and Industry pursuant to Minnesota Statutes chapter
3268, including all of the amendments, rules and regulations established,
adopted and published from time to time by the Minnesota Commissioner of
Labor and Industry, through the Building Codes and Standards Unit, is hereby
adopted by reference with the optional chapters adopted in this ordinance.
The Minnesota State Building Code is hereby incorporated in this ordinance
as if fully set out herein.
B. Optional Chapters Adopted: Minnesota State Building Code, Chapter
1300 allows the Municipality to adopt by reference and enforce certain
optional chapters of the most current edition of the Minnesota State Building
Code. The following optional provisions identified in the most current edition
of the State Building Code are hereby adopted and incorporated as part of the
building code for this municipality:
1. Chapter 1306 - Special Fire Protection Systems (Option — Subpart 2).
9 -1 -2: APPLICATION, ADMINISTRATION AND ENFORCEMENT:
A. The application, administration, and enforcement of the code shall be in
accordance with the Minnesota State Building Code.
B. The code enforcement agency of the city is called "the Building
Inspections Department ".
C. This code shall be enforced by the Minnesota Certified Building Official
designated by this Municipality to administer the code in accordance with
Minnesota Statutes 3268.133, Subdivision 1.
9 -1 -3: PERMITS AND FEES:
A. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Rules Chapter 1300.
B. Permit fees shall be assessed for work governed by this code in accordance
with Section 1 -7 -3 of this code and as amended by the City Council. In
addition, a surcharge fee shall be collected on all permits issued for work
governed by this code in accordance with Minnesota Statutes 32613.148.
9 -1 -4: ARCHITECTURAL DESIGN (STRUCTURE):
A. Elevations Included In Permit Application: The application for a building
permit, in addition to other information required by applicable laws or
regulations, shall include exterior elevations of the proposed structure and
drawings which will adequately and accurately indicate the height, size,
design, and appearance of all elevations of the proposed structure and a
description of the construction and materials proposed to be used. When the
plans for a residence include a sliding door or other access for the addition of
a deck, and the deck is not to be finished prior to occupancy of the residence,
and there is less than twenty feet (20') of buildable space behind the house,
the amount of buildable space shall be indicated on the proposed land survey
submitted with the building permit application. (Amd. 2/20/07, Ord.340)
B. Review Of Information; Decisions:
1. When an application is filed with the city for a building permit for any
structure to be built, enlarged, or altered within, or moved into the city, the
Building Official shall review such application and accompanying
documents to determine whether the exterior architectural design,
appearance, or functional plan of such proposed structure, when erected,
will be so at variance with, or so similar to the exterior architectural design
of any structure already constructed or in the course of construction which
is within three hundred feet (300') of the lot upon which the structure is
located, or so at variance with the character of the applicable district as
established by the zoning ordinance of the city as to cause a substantial
depreciation in the property values of the neighborhood. The three
hundred foot (300') restriction shall be determined by measurement along
the street upon which the structure fronts.
2. If the Building Official finds that the exterior architectural design of the
proposed structure, when erected, may be so at variance with, or so
similar to, the exterior architectural design, appearance, or functional plan
of structures already constructed or in the course of construction in the
neighborhood, no building permit therefore shall be issued, and the
Building Official shall, within ten (10) days after receipt of the building
permit application and supporting documents, file the same and such
opinion in writing, signed by the Building Official, with the secretary of the
Board of Design Control, who shall review the determination of the
Building Official.
C. Review And Action By Board Of Design Control: The Andover Review
Committee of the city shall be and is hereby appointed as the Board of
Design Control. The Board shall review all building permit applications
referred to it by the Building Official upon determination that the exterior
architectural design of the proposed structure would violate the provisions of
this chapter. The Andover Review Committee shall act upon all applications
or other matters referred to it within twenty (20) days from the date such
application was originally filed with the Building Official. It may approve,
conditionally approve or disapprove the exterior design of any proposed
building or structure, enlargement or alteration and may modify or request
such modifications as it may deem necessary to carry out the purpose and
intent of this section.
D. Appeals: Any person aggrieved by the decision of the Andover Review
Committee may take an appeal there from to the City Council. Such appeal
shall be taken within five (5) days after the decision of the Andover Review
Committee. The City Council shall act upon all applications or other matters
referred to it within forty-five (45) days from the date of appeal. (Amended
Ord. 205, 3 -4 -1997)
9 -1 -5: REQUIRED IMPROVEMENTS:
A. Required Improvements: As determined by the city code, the general
contractor, builder or property owner shall install all required improvements
and meet all city codes and standards for required improvements on private
property and connected boulevard(s).
Examples of required improvements include but are not limited to: building
code requirements; design, construction and landscaping standards, erosion
controls, grading, drainage, driveways, parking and other pavements,
connections to public utilities, and septic systems.
For the purposes of this section, the term "boulevard" shall mean the area of
a public right -of -way extending from the back of the curb, or the edge of a
roadway where no curb is installed, to the private property line /s fronting on
right -of- way.)
B. Security Agreement and Surety; Completion Of Required Improvements:
If the required improvements are not completed prior to final inspection by
the Building Official, the general contractor, builder or property owner shall
furnish to the city a security agreement and surety, in the contract form
and amount as may be determined by the Building Official, but not to
exceed one hundred fifty percent (150°/x) of the Building Official's
estimated cost for such improvements. The required improvements shall
be completed within a time period as may be determined by the Building
Official and as specified in the security agreement, but not to exceed eight
(8) consecutive months. However, required landscaping improvements
delayed by winter weather shall be completed before the date of July 1
following the date of the security agreement. Upon completion of required
improvements, the party having furnished the security agreement and
surety may request to the Building Official release of all or part of the
surety provided hereunder. The Building Official shall verify completion of
the required improvements and may release all or part of the surety to the
party having provided the surety. If the Building Official denies release, the
Building Official shall state in writing the reasons for such denial. The
party having furnished the request for release of surety may appeal the
decision to the City Council by filing with the Building Official a written
request for such appeal within ten (10) days after receiving notice of denial
from the Building Official. The appeal shall be placed on the agenda of
the next regular City Council meeting. The party having furnished the
request for release of surety shall be notified of the time and place of such
meeting. The Council may affirm or reject the decision of the Building
Official.
2. The surety referred to in this chapter may be furnished to the city as cash,
money order or cashier's check to be deposited in a city escrow account,
an irrevocable letter of credit or other instrument that provides an equal
performance guarantee to the City.
3. If the improvements for which a security agreement and surety have been
given are not completed within the time period specified in the security
agreement, the party having furnished the surety shall upon written
demand from the city, forfeit the security agreement and surety to the city.
Thereafter, the city may use the proceeds from the surety to:
a. pay for reasonable administrative, enforcement and legal costs
incurred by the city in its efforts to complete the required
improvements;
b. pay for reasonable city incurred costs for its direct or contracted
installation of the required improvements; and
c. reimburse others who may complete the required improvements.
4. After the required improvements have been completed, accepted by the
Building Official and paid for, any excess proceeds of the surety shall be
returned to the party having furnished the surety.
5. If proof of other surety covering the required improvements is provided by
the general contractor, builder or property owner, the above surety will not
be required.
9 -1 -6: CONSTRUCTION NEAR WDE SITE:
A. No Construction Within Two Hundred Feet Of Site: No enclosed structure,
except those permitted in the Closed Landfill Restricted Zoning District, shall
be built within two hundred feet (200') of the limit of refuse disposal at the
WIDE qualified facility as depicted as Line E in Exhibit A attached to
Ordinance 205 on file in the office of the City Clerk for public use and
inspection (Exhibit A is a drawing of the WDE qualified facility), nor within the
qualified landfill facility for any property north of Coon Creek. (AMENDED
ORD. 335, 9 -19 -2006)
B. Construction Within Two Hundred To Five Hundred Feet Of Site:
1. Prior To Construction; Soil Gas Monitoring Probe Required:
a. For any enclosed structure to be erected within two hundred feet (200')
to five hundred feet (500') of the limit of refuse disposal at the WDE
qualified facility as depicted in Exhibit A attached to Ordinance 205 on
file in the office of the City Clerk for public use and inspection,
excluding property north of Coon Creek (the line 500 feet distant from
the limit of refuse disposal is depicted as Line F), the property owner
shall, prior to construction of the structure, install a soil gas monitoring
probe located between the structure and the limit of refuse disposal at
the WIDE qualified facility. The soil gas- monitoring probe shall be of a
design approved by the Commissioner of the Minnesota Pollution
Control Agency ( "Commissioner ") and shall be installed in a location
approved by the Commissioner. The soil gas- monitoring probe shall be
installed by a water well contractor licensed in the State of Minnesota.
Installation of a soil gas- monitoring probe pursuant to this Subsection
B1 shall not be required if the Commissioner, in his /her sole
discretion, determines that an existing soil gas- monitoring probe
located in between the proposed enclosed structure and the limit of
refuse disposal at the WDE qualified facility provided adequate
monitoring.
b. The property owner and his /her successors and assigns shall grant the
Commissioner and his /her designates access to the property in order
to conduct sampling of the soil gas- monitoring probe until such time as
the Commissioner determines further monitoring is unnecessary.
c. Within thirty (30) days of the Commissioner's determination that the
soil gas- monitoring probe is no longer required, the property owner, at
the time determination is made, shall have the soil gas- monitoring
probe abandoned in accordance with Minnesota Department of Health
water well abandonment requirements, including having a licensed
water well contractor perform the abandonment using grout from the
bottom up and cutting the monitoring probe riser below the ground
surface.
2. Explosive Gas Monitor Installation Requirements: Installation
Requirements: If the permanent gas probes located between the refuse
limit and the new structures detect methane, then the property owners of
all enclosed structures erected within two hundred feet (200') to five
hundred feet (500') of the limit of refuse disposal at the WDE qualified
facility, excluding property north of Coon Creek, shall be required to
install and maintain one continuous explosive gas monitor (equipped with
an alarm set to sound at an explosive gas concentration of twenty
percent (20 %) of the lower explosive limit (LEL) for methane).
C. Extraction Of Ground Water:
1. The extraction of ground water for any purpose, other than by the
Commissioner as he /she deems necessary to carry out his /her duties and
authorities under the Landfill Cleanup Act, Minnesota Statutes Sections
1156.39 to 1156.445 ( "act "), and the landfill cleanup agreement between
the county, the WDEPRP group and its members, and the Commissioner
( "agreement "), from the upper sand aquifer within a distance of five
hundred feet (500') from the limit of refuse disposal at the WDE qualified
facility is prohibited. This prohibition shall not apply to the repair or
replacement of existing wells, provided there is no material increase in the
quantity of ground water extracted from the repaired or replaced well as
compared to the existing well, and that the water used for drinking water
purposes from the repaired /replaced well complies with all applicable
drinking water standards. Any dewatering required for the installation of a
public utility or for the repair, reconstruction, or expansion of public roads
or highways within the area covered by this prohibition shall be subject to
the advance written approval of the Commissioner and, if approved, shall
be excluded from this prohibition.
2. The extraction of ground water for any purpose without the prior written
approval of the Commissioner, other than by the Commissioner as he /she
deems necessary to carry out his /her duties under the act and the
agreement from the lower sand aquifer within the area designated by Line
G on Exhibit A attached to Ordinance 205 on file in the office of the City
Clerk for public use and inspection, is prohibited. This prohibition shall not
apply to the repair or replacement of existing wells; provided that there is
no material increase in the quantity of ground water extracted from the
repaired and replaced well as compared to the existing well and that the
water used for drinking water purposes from the repaired /replaced well
complies with all applicable drinking water standards. (Amended Ord. 205,
3-4 -1997; amd. 2003 Code)
9 -1 -7: VIOLATION; PENALTY: A violation of this chapter is a misdemeanor
according to Minnesota Statutes Section 16B.69 and Minnesota Rules, Chapter
1300. (Ord. 205B, 5 -6 -2003)
CHAPTER 2
WATER -FED HEAT EXTRACTORS AND
AIR CONDITIONING EQUIPMENT
SECTION:
9 -2 -1: Water — fed Heat Extractors and Air Conditioning Equipment
9 -2 -2: Violation: Penalty
9 -2 -1: WATER -FED HEAT EXTRACTORS AND AIR CONDITIONING
EQUIPMENT: Water- fed Heat Extractors and Air Conditioning Equipment may be
installed only in accordance with the city, county, state and federal law.
9 -2 -2: VIOLATION; PENALTY: Violations shall be considered a
misdemeanor, and penalties assessed under this chapter shall be as prescribed by
law. (Ord. 73,11-5-1985)
CHAPTER 3
MINIMUM ELEVATIONS AND STANDARDS FOR
BUILDING AND DRIVEWAY CONSTRUCTION
SECTION:
9 -3 -1:
Scope And Purpose
9 -3 -2:
Definitions
9 -3 -3:
Elevations And Slopes
9 -3 -4:
Driveways
9 -3 -5:
Culverts
9 -3 -6:
Violation; Penalties
9 -3 -1: SCOPE AND PURPOSE: All buildings and driveways constructed in
the city shall meet or exceed the minimum standards established by this chapter.
The purpose of the minimum standards imposed by this chapter is to ensure that
proper drainage is maintained and to prevent public liabilities from being caused
inadvertently. (Ord. 204, 3 -4 -1997)
9 -3 -2: DEFINITIONS: For the purpose of this chapter, the meanings of
certain words and terms shall be as defined in the Minnesota State Building Code as
adopted by the city.' (Ord. 204, 3 -4 -1997)
9 -3 -3
U
ELEVATIONS AND SLOPES:
Standards:
1. Grading, Drainage and Slopes:
a. Grading and Drainage:
i. Grading for buildings or other improvements to property shall not
interrupt or alter the natural drainage course, the drainage plan for
a subdivision or the existing drainage facilities in such a way as to
damage or endanger by flooding, erosion, nuisance water or any
other means. This includes altering surface sheet flow by the
1 See Section 9 -1 -1 of this title.
erection of fences, berms, swales, curbs, retaining walls or any
other excavation, fill or structure, if such alteration will affect flow in
any existing drainage course or facility without specific approval
from the Building Official.'
ii. Building sites shall be graded and drained so as to be free of
standing water that may constitute a detriment to health and safety.
b. Graded Slopes: Finished yards shall be graded to provide slopes not
exceeding 4:1 (25% grade).
c. Front Of Building Grade: The minimum grade at the front of any
building constructed on any lot within the city will not be less than one
and one -half feet (1 1/2') above the elevation of the street directly in
front of the building.
2. Garages And Driveways:
a. The elevation of all garage floors shall be above the grade elevation
immediately in front of the vehicular access door. The garage floor
shall be a minimum of eighteen inches (18 ") above the finished
centerline street elevation.
b. All driveways shall slope upward from the curb or edge of street. All
driveways shall slope downward from the garage toward the curb or
edge of street. The slope of all driveways shall not be less than one
percent (1 %) nor more than eight percent (8 %) overall rise. The
driveway slope for the first eight feet (8') from the curb to the house
shall not exceed a two percent (2 %) rise.
3. Basements And Low Floors: Basement or low floor elevation shall be a
minimum of three feet (3') above the seasonal high water mark or two feet
(2') above the designated or designed 100 -year flood elevation, whichever
is higher, unless evidence is submitted and certified by a geotechnical
engineer hired by the city at the expense of the developer and approval is
granted by the City Council that a separation of less than three feet (3')
can be achieved and is warranted. (Amended Ord. 375, 12 -2 -08)
B. Variances: If construction plans are submitted in sufficient detail to
demonstrate that proper drainage and erosion control can be maintained at
lesser elevations or with steeper slopes the City Building Official may, in his
or her discretion, vary the terms of this section.
' (See also: 9 -9 -11, Title 10, Chapter 6, Title 12 and Chapter 11 Section 5; and 13 -1 -3; 13 -4 -2;
13 -4 -6; 13 -5 -3; 13 -6 -6)
C. Appeals: Any party aggrieved by a decision of the Building Official shall
have the right to appeal said decision to the City Council. (Ord. 204, 3 -4-
1997)
9 -3 -4: DRIVEWAYS:
A. General Construction Standards: An access drive or driveway shall be
provided to every principal building and shall be constructed according to the
minimum standards of the city. When said building is one hundred fifty feet
(150') or more from a thoroughfare or street, an access drive shall be
constructed with a clear cut width of sixteen feet (16') and shall have a built
up base twelve feet (12') wide consisting of four inches (4 ") of class 5 gravel
(or equal). Said drive shall also have variable ditches for its entire length.
B. Surfacing: All subdivisions served by municipal sanitary sewer and /or
water shall have hard surfaced driveways constructed per city engineering
design standards. All subdivisions not served by municipal sanitary sewer
and /or water shall from the street to the property line have hard surfaced
driveways, per city engineering design standards. All access driveways
shall be surfaced with a sufficient amount of erosion resistance material so
that driveway surfaces will remain intact during normal usage and weather
conditions. (Ord. 204, 3 -4 -1997)
9 -3 -5: CULVERTS: For driveways that are constructed across drainage or
road ditches or swales, culverts shall be installed under the driveway. The culverts
shall be of such size deemed necessary by the Building Official to carry the
expected flow rate of storm water, shall not be less than twelve inches (12 ") in
diameter, and shall be corrugated metal or equal. Culverts located within the right -of-
way of the County Highway Department shall meet all of its permit requirements.
(Ord. 204, 3 -4 -1997)
9 -3 -6: VIOLATION; PENALTIES: Any person who violates any provision of
this chapter shall be guilty of a misdemeanor and shall be subject to applicable fines
and imprisonment defined by state law. (Ord. 204, 3 -4 -1997)
CHAPTER 7
COMMERCIAL BUILDING CONSTRUCTION STANDARDS
SECTION:
9 -7 -1:
Findings And Purpose
9 -7 -2:
Submission And Review Of Plans
9 -7 -3:
Construction Standards
9 -7 -4:
Occupancy Of Uncompleted Building
9 -7 -5:
Nonconforming Structures And Uses
9 -7 -6:
Violation; Penalty
9 -7 -1: FINDINGS AND PURPOSE: The City Council finds that certain lands
within the city are uniquely suited for commercial and industrial development by
reason of their proximity to major transportation routes, soil type and quality,
adjacent land uses and market value. In order to preserve the general welfare and
safety of the general public, to promote economic growth and employment
opportunity, to promote orderly commercial and industrial growth and to protect and
enhance municipal investment in commercial and industrial park improvements, the
city finds it necessary to implement controls within the lands zoned nonresidential.
(Ord. 249, 12 -1 -1998; amd. 2003 Code)
9 -7 -2: SUBMISSION AND REVIEW OF PLANS:
A. Persons making application for a building permit shall submit building
designs along with a commercial building application form to the
Community Development Department. All commercial building applications
shall be reviewed by the Andover Review Committee. All building designs
and site plans shall be colored.
B. All other exterior building items as noted on the site plan such as, but not
limited to, fencing, landscaping, parking, paving, outdoor storage, refuse
containers etc., shall be reviewed and approved by the Andover Review
Committee. (Ord. 249,12-1-1998)
9 -7 -3: CONSTRUCTION STANDARDS:
A. Materials Of Construction:
1. All buildings located within a non - residentially zoned district (NB, LB, SC,
GB, I or GR) shall be of masonry construction, its equivalent or better.
Upon approval of the Andover Review Committee, wood frame
construction may be considered equivalent to masonry. (Ord. 249, 12 -1-
1998; amd. 2003 Code)
2. Walls of such buildings facing on streets must be finished with face brick,
stone, glass, wood or their aesthetic equivalent. Any building wall facing a
residentially zoned district shall not be finished with exposed plain -faced
poured concrete or concrete block.
B. Building Design: The building design shall exhibit architectural control that
seeks to be creative and maximize building lines, shades, and angles to
maximize architectural uniqueness. (Ord. 249, 12 -1 -1998)
9 -7 -4: BUILDING OCCUPANCY PRIOR TO COMPLETION OF REQUIRED
IMPROVEMENTS: As may be determined by the Building Official, when
circumstances do not permit the substantial completion of required improvements for
a commercial building project, the general contractor, builder or owner may apply for
a Certificate of Occupancy and enter into a security agreement with the city and
furnish a surety as provided in Section 9 -1 -5 of this Title.
9 -7 -5: NONCONFORMING STRUCTURES AND USES: Except as
otherwise provided by law, any nonconformity, including the lawful use or occupation
of land or premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement, restoration,
maintenance, or improvement, but not including expansion, unless:
A. The nonconformity or occupancy is discontinued for a period of more than
one year; or
B. Any nonconforming use is destroyed by fire or other peril to the extent of
greater than 50 percent of its estimated market value, as indicated in the
records of the county assessor at the time of damage, and no building permit
has been applied for within 180 days of when the property is damaged. In this
case, a municipality may impose reasonable conditions upon a zoning or
building permit in order to mitigate any newly created impact on adjacent
property or water body. When a nonconforming structure in the shoreland
district with less than 50 percent of the required setback from the water is
destroyed by fire or other peril to greater than 50 percent of its estimated
market value, as indicated in the records of the county assessor at the time of
damage, the structure setback may be increased if practicable and
reasonable conditions are placed upon a zoning or building permit to mitigate
created impacts on the adjacent property or water body.
9 -7 -6: VIOLATION; PENALTY: Any person violating any provision of this
chapter shall be guilty of a misdemeanor as defined by state law and subject to the
penalties therefore. (Ord. 249, 12 -1 -1998)
CHAPTER 10
RESIDENTIAL LANDSCAPING REQUIREMENTS
SECTION:
9 -10 -1:
Purpose
9 -10 -2:
Definition
9 -10 -3:
Trees, Topsoil And Seeding Or Sod Requirements
9 -10 -4:
Retroactive Clause
9 -10 -5:
Enforcement Official
9 -10 -6:
Penalty
9 -10 -1: PURPOSE: The purpose of this chapter is to provide protection to all
natural terrain features of a residential site which, if preserved as required herein,
will add to the attractiveness and stability of the site. Standards set forth in this
chapter will increase the desirability of residences, encourage investment or
occupation in the city, optimize use and value of land and improvements, increase
the stability and value of the property, and add to the conditions affecting the health
and welfare of the city. (Amended Ord. 111A, 8 -5 -2002)
9 -10 -2: DEFINITION: For the purpose of this chapter, "organic /black topsoil"
shall be defined as soil /dirt that has sufficient amounts of organic material to
establish a suitable foundation for vegetative growth. The topsoil should contain no
more than thirty five percent (35 %) sand content. (Amended Ord. 111A, 8 -5 -2002)
9 -10 -3: TREES, TOPSOIL AND SEEDING OR SOD REQUIRED':
A. Trees:
1. Protection of Existing Trees: Under the city Tree Preservation Policy
and throughout the city, where a tree protection plan has been
established, general contractors, builders and owners must protect
existing trees.
2. Tree Planting Required: On all lots of record, for new construction it
shall be the responsibility of the general contractor, builder or owner to
plant in the front yard a minimum of two (2) trees or one tree per fifty feet
(50') of lot width as measured at the front property line, whichever is
greater, up to a maximum of four (4) trees. Said trees shall be alive and
1 See also section 9 -1 -5 of this title and subsections 11 -3 -30 and 11 -4 -8A3 and B3 of this code.
disease free, planted per city tree planting specifications, at least one and
three - fourths inches (1 3/4 ") in diameter and six feet (6) in height as
measured from ground level after the trees are planted. Said trees shall
be properly planted between the months of April and October, and tree
species and /or type shall be on the list determined by the city.
3. Tree Survival: The trees shall not be accepted as meeting the tree
planting requirements of this section until verified by the city that the
planted trees survive one full "winter season ", which for the purpose of
this chapter is the period October 31 through May 31.
4. Exemptions: The requirements in this subsection shall not apply if the
minimum number of trees prescribed by this subsection are existing,
healthy and preserved in the front yard of the property and the trees meet
or exceed the requirements listed above.
B. Topsoil, Seed or Sod:
General Requirements: On all lots of record, for new construction all
disturbed yard areas and boulevards must be restored with topsoil and
either seeded or sodded:
a. R -4 and Urban Districts:
Topsoil: Topsoil shall be organic /black soil spread so as to
provide at least four inches (4 ") over the entire yard area.
ii. Sod and Seed: Sod must be installed in the boulevard /s and
extend to the rear wall of the principal residence on the lot.
All other lot areas shall be sodded or sown with lawn grass
seed at a rate of not less than four (4) pounds to each one
thousand (1,000) square feet of land area. The seed shall
consist of a maximum of ten percent (10 %) rye grass by
weight and a minimum of ninety percent (90 %) of permanent
bluegrass and /or fescue grass by weight.
b. R -1 and Rural Districts:
All disturbed lot areas shall be sodded or sown with
lawn grass seed at a rate of not less than four (4)
pounds to each one thousand (1,000) square feet of
land area. The seed shall consist of a maximum of ten
percent (10 %) rye grass by weight and a minimum of
ninety percent (90 %) of permanent bluegrass and /or
fescue grass by weight.
C. Wetlands: Wetlands shall be exempt from the sodding and seeding
requirements as determined by the city, Department of Natural Resources,
watersheds, or conservation district. The spreading of soil and seeding or
sodding of the front and side yard lawn shall be completed within six (6)
months after the issuance of the Certificate of Occupancy. (Amended Ord.
111A, 8 -5 -2002)
9 -10 -4: RETROACTIVE CLAUSE: The residential landscaping requirements
of this Chapter may be subject to Section 9 -1 -5 surety requirements.
9 -10 -5: ENFORCEMENT OFFICIAL: The Code Enforcement Officer of the
City of Andover shall enforce this chapter. (Amended Ord. 111A, 8 -5 -2002)
9 -10 -6: PENALTY: A violation of this chapter shall constitute a misdemeanor
as defined by state law as amended. (Amended Ord. 111A, 8 -5 -2002)
Adopted by the City Council of the City of Andover on this 5th day of April, 2016.
CITY OF ANDOVER
ATTEST: Ju ie Trude, Mayor
AK helle Hartner, City Clerk